Back to Top
Wrongful Termination Explained Bailess Smith PLLC - fighting for West Virginians
Firm logo that says: Bailess Smith PLLC

Wrongful Termination Explained

Have you recently been fired by your employer? Are you wondering if your employer’s actions were illegal? Although most employers hire "at will" employees who can be fired at any time and for any reason, there are some exceptions to this. Below, we give you a few examples of wrongful termination to help you determine if you can file a lawsuit.

Written Contracts

Did you sign a written contract when you first started your job? If that contract states you have a certain level of job security, you can argue that you are not an at-will employee. An experienced lawyer can help you enforce the promises made in your contract.

Breaches of Good Faith

If your employer engages in unfair practices and eventually fires you, you might have a claim for a breach of a duty of good faith and fair dealing. Examples of this include:

  • Firing or moving an employee to another position so they can’t collect sales commissions.
  • Making up reasons for firing an employee when the real reason is to replace the fired employee with a new employee who will work for a lower wage.
  • Playing down the negative aspects of a particular job. Like having to travel through dangerous neighborhoods in late hours.
  • Misleading an employee about their chances for promotions and wage increases.
  • Transferring an employee to remote, dangerous, or otherwise undesirable assignments in order to force the employee to quit and lose out on their severance pay or other benefits that would normally be due.

Discrimination

Even if you are an at-will employee, you cannot be fired for illegal reasons, including discrimination. If you believe your employer fired you because of your race, color, national origin, gender, religion, age, disability, pregnancy, or genetic information, you can take legal action against them. There are strict statutes of limitations for filing discrimination claims, which is why you should consult with a lawyer to discuss what steps you need to take to sue your employer.

At Bailess Smith PLLC, we are here to defend your rights and help you with your wrongful termination claim. Call our law firm today at (304) 553-0337 to schedule your free consultation with our legal team.

Categories